A.Ayesha v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.12606 of 2021 A. Ayesha
...Petitioner
Versus
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.
2. The Deputy Commissioner of Police,, T.Nagar Range, T.Nagar, Chennai.
3. The Inspector of Police, R-9, Valasaravakkam Police Station, Valasaravakkam, Chennai.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction, directing the respondent herein to register the complaint of the petitioner dated 15.07.2021 and to file the final report before the appropriate court within the reasonable time limit. For Petitioner :
Mr.V.Logeswaren For Respondents:
Mr.A.Damodaran, Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondents herein to register the complaint of the petitioner dated 15.07.2021 and to file the final report before the appropriate court within the reasonable time limit.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
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3.This petition is not maintainable, in view of the Order passed by a Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489. The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra. 4.This Criminal Original Petition is disposed of accordingly.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sms To
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.
2. The Deputy Commissioner of Police,, T.Nagar Range, T.Nagar, Chennai.
3. The Inspector of Police, R-9, Valasaravakkam Police Station, Valasaravakkam, Chennai.
4. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.12606 of 2021 PA(CO) RGA(18/10/2021) https://hcservices.ecourts.gov.in/hcservices/